Briefs in Merrill v. Altman (S.D. ICWA Case Previously Posted)

We posted the South Dakota Supreme Court’s opinion from December here.

Here are the briefs:

Merrill Opening Brief

Altman Brief

Merrill Reply

Eighth Circuit Rejects South Dakota’s Challenge to Sisseton Trust Acquisition on Standing Grounds

From the CA8 website:

111745P.pdf 01/11/2012 State of South Dakota v. U.S. Department of Interior U.S. Court of Appeals Case No: 11-1745 U.S. District Court for the District of South Dakota – Pierre [PUBLISHED] [Riley, Author, with Wollman and Beam, Circuit Judges]
Civil case – Indian law. In an action by the State of South Dakota seeking to prevent the Secretary of the Interior from completing land-into- trust acquisitions, the State lacked standing to bring a constitutional due process claim, and the appeal is dismissed.

Here are the briefs.

Is a Tribal Officer a Federal Officer under the Major Crimes Act?

The question here is whether an assault on a tribal officer can be prosecuted as an assault on a federal officer under the Major Crimes Act. The court concluded that whether the tribal cop is a federal cop must be proven beyond a reasonable doubt.

Here is the Court’s opinion in United States v. Danley.

South Dakota SCT Rules against ICWA Tribal Court Jurisdiction

In what appears to be a kind of factual opposite of Holyfield, the court held that tribal member grandparents cannot establish reservation domicile of off-reservation tribal member children two years after the beginning of state court proceedings.

Here is the opinion in Merrill v. Altman.

Eighth Circuit Briefing in South Dakota v. DOI — Sisseton Trust Acquisition Challenge

Here are the briefs:

South Dakota Appellant Brief

Federal Govt Brief

Federal Govt Brief Addendum

Sisseton Amicus

South Dakota Reply

The lower court materials are here.

HuffPo Article on Catholic Church Sex Abuse on South Dakota Reservations

Here is the article.

Excerpts:

The letters are casual, even chatty, from officials of St. Francis Mission, on the Rosebud Sioux Reservation, in South Dakota, to Catholic Church superiors. The mission ran one of many boarding schools to which Native American parents were required to send their children from the late 1800s until the 1970s, when most of the institutions were closed down or transferred to tribal control.

“All goes along quietly out here,” one priest wrote in 1968, with “good religious and lay faculty” at the mission. There are troublesome staffers, though, including “Chappy,” who is “fooling around with little girls — he had them down the basement of our building in the dark, where we found a pair of panties torn.” Later that year, Brother Francis Chapman was still abusing children, though by 1970, he was “a new man,” the reports say. In 1973, Chappy again “has difficulty with little girls.”

Some documents are more discreet than explicit. In 1967, two nuns at St. Paul’s Indian Mission, on the Yankton Sioux Reservation, also in South Dakota, had excessive “interest in” and “dealings with” older male students, says a report to Church higher-ups. (St. Paul’s, pictured below, was renamed Marty Indian School when the tribe took it over in 1975; 2008 graduation tipis are shown in the foreground.) Another nun has “too close a circle of friends, especially two boys.”

What ex-students describe as rampant sexual abuse in South Dakota’s half-dozen boarding schools occurred against a backdrop of extreme violence. “I’ll never forget my sister’s screams as the nuns beat her with a shovel after a pair of scissors went missing,” said Mary Jane Wanna Drum, 64, who attended a Catholic institution in Sisseton, South Dakota, for the children of her tribe, Sisseton Wahpeton Oyate.

Izzy Zephier, 62, a Yankton Sioux tribal member, recalled a Sunday-evening ritual at St. Paul’s Indian Mission. “Those who’d tried to run away were stripped, lined up, and given 40 lashes each with a thick rubber strap,” he said.

Owen v. Weber — Eighth Circuit Briefing in Jurisdictional Appeal re: State Criminal Conviction for Crime Committed at Tribal Housing

Here are the materials on Owen v. Weber:

Owen Appellant Brief

South Dakota Appellee Brief

Owen Reply Brief

A statement of the case from the appellant:

This appeal arrives from the district court’s order denying a petition for writ of habeas corpus under 28 U.S.C. § 2254 filed by Lance George Owen, who is currently serving a life sentence without the possibility of parole in the South Dakota State Penitentiary. The central question is whether the state court that convicted Owen of committing a murder and aggravated assault at a tribal government housing unit — leased and operated by the Sisseton-Wahpeton Oyate Indian Tribe — had proper jurisdiction to do so, or whether only the federal government had jurisdiction to prosecute the crime under the Indian Major Crimes Act, 18 U.S.C. § 1153.

The district court concluded that the state court had proper jurisdiction over Owen. This conclusion was incorrect, and an unreasonable application of federal law to the record below, because the tribal government housing project qualified as a dependent Indian community and therefore fit within the definition of “Indian country” set forth in 18 U.S.C. § 1151. As a result, Owen’s habeas petition was incorrectly denied and the district court’s order sealing a contrary fate accordingly should be reversed.

Federal Court Dismisses South Dakota’s Challenge to BIA Trust Acquisition on behalf of Sisseton-Wahpeton Oyate

Here is that opinion: South Dakota v Salazar.

And the cross-motions:

USA Motion to Dismiss — Sisseton case

SD Motion for Summary J — Sisseton case

It is apparent from South Dakota’s continuing challenges to Section 5 that they are hoping for a vehicle that could eventually justify Supreme Court review of the constitutionality of Section 5.

Sisseton Tribal Council Passes Resolution Attempting to Reverse Tribal Appellate Court on 11-Part Tribal Business Entity Immunity

Here’s an interesting development that may have some impact on the Colorado v. Cash Advance case.

The Sisseton tribal council enacted the following resolution designed to “fix” the Northern Plains Intertribal Court of Appeals decision raised by the Colorado AG in the supplemental pleading referred to here.

Sisseton Resolution

Sisseton Citizen Wins $500K Judgment against IHS

Here is the opinion and judgment in Owen v. United States (D. S.D.), a FTCA case — Owen v USA